Burke v. Louisville & Nashville Railroad
Tennessee Supreme Court
EROM. SUMNER. From the Circuit Court, October Term, 1871. Jas. E. Bice, J. The mother had no right to recover for the destruction of the clothing of her children. The court below erred in admitting evidence as to damage done by sparks from other engines previously to the burning of plaintiff’s house. Negligence at other times, if it existed, not relevant to show negligence at the time in question.
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EROM. SUMNER. From the Circuit Court, October Term, 1871. Jas. E. Bice, J. The mother had no right to recover for the destruction of the clothing of her children. The court below erred in admitting evidence as to damage done by sparks from other engines previously to the burning of plaintiff’s house. Negligence at other times, if it existed, not relevant to show negligence at the time in question. It was error to charge that the proper measure of damages was the cost of replacing the property destroyed. The correct rule is, the value of the property at the time and place of its destruction.…
1Opinion of the CourtSneed, J.
The plaintiff brought this action to recover judgment for the alleged destruction by fire of her house and furniture on the night of the 15th of September, 1870, which she charges were ignited by sparks of fire from the locomotive engine of defendant. The value of the property shown to have been destroyed by the fire, including the building and furniture, and the clothing of herself and her minor children, was about $1,400. The verdict of the jury ascertained her damages to be $1,063, upon which judgment was pronounced, and an appeal in error taken by defendant.
The defendant is an…
2Cases cited6 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Cooper v. AdamsMassachusetts Supreme Judicial Court · 1850
- Smith v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
- Illinois Central Railroad v. MillsIllinois Supreme Court · 1866
- Bass v. Chicago, Burlington & Quincy RailroadIllinois Supreme Court · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Karsen v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1881
- Cincinnati, N. O. & T. P. Ry. Co. v. South Pork Coal Co.Court of Appeals for the Sixth Circuit · 1905
- Louisville & Nashville Railroad v. ReeseSupreme Court of Alabama · 1888
- Nashville Gas & Heating Co. v. PhillipsCourt of Appeals of Tennessee · 1933
- Louisville & Nashville Railroad v. FortTennessee Supreme Court · 1903
21 more not listed; retrieve them via the Exa API.